Criminal Jurisdiction - How Cases Begin
How does a criminal case begin?
A criminal case begins with the Police, or a government agency, claiming that a person has committed a criminal act (eg. assaulted or killed somebody or stole their property).
Usually the matter will start in a Local Court before a Magistrate. If the alleged offence is not serious, the Magistrate may deal with it. If it is a serious offence and the offender pleads “guilty”, the Magistrate will commit the person to a higher court for sentence. If the alleged offender pleads “not guilty”, the Magistrate will determine whether sufficient evidence exists to commit that person to stand trial before a jury.
If the Magistrate deals with the matter and the alleged offender is not satisfied with the decision, he or she may appeal to the District Court. This appeal may be on the grounds that the Magistrate’s finding (eg. conviction) was wrong or that the penalty imposed was too harsh.
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